Friday, October 12, 2012

Declaration of Women’s Human Rights vs. Islamic Laws for Women

Writer: Juan Fernando Larco

The following article will present two different perspectives. Besides a confrontation, we want to analyze the basic principles of the Declaration of Women’s Human Rights and those of the Islamic Laws for women. The point is to determine which principles have been respected in the legislature of a country. 
We have many declarations on human rights that support and defend women. First of all, the Universal Declaration of Human Rights states that everyone is entitled to all rights and freedoms without distinction (Article 2). Also, the Declaration on the Elimination of Violence against Women, states that any kind of gender-based violence that reflect any harm in a physical, sexual or psychological way is considered as an act of violence (Article 1), and this has to be prevented and managed by the counntry in accordance with the national legislation. These acts of violence have to be punished, no matter if a person or State committed them (Article 4-c). The Convention on the Elimination of all forms of Discrimination against Women (CEDAW), is clear when it uses the word discrimination: " a distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on the basis of equality between men and women, of human rights or fundamental freedoms in the political, economic, social, cultural, civil or any other field." (Article 1)
Zohreh Arshadi
Miss Arshadi was a practising lawyer in Iran after being exiled to Europe. She is currently an advocate in France and is active in human rights, especially women’s rights. She has focused on the defence of the rights of women in Iran.
“Sharia law dictates the treatment and expectations of Muslim women in legal procedures. Zohreh Arshadi… wrote an article detailing Muslim laws on iran-bulletin.org. Arshadi states that Muslim women accused of adultery face lashing or stoning to death. Sharia law dictates that a woman is subject to this punishment after it is "proven by the witness of four just men or three just men and two just women," A woman who has witnessed a crime such as rape or robbery has no right to bear witness in court. If she does testify, she can face the punishment for accusation, which is 80 lashes.” [1]
It is necessary to clarify that Muslim life is guided and based on rules or laws which are known as the “Sharia.” This code was developed after the death of Prophet Mohammed in A.D. 632, according to the council of Foreign Relations. This law regulates the rights and treatment of women in Muslim countries like Iran, Pakistan, Iraq, etc. This code also gives some limitations on their freedom, interaction with men and dress codes. It’s important to understand that the violation of Sharia laws can cause several punishments, even death. Furthermore, the Qur´an and in the Islamic Penal code of Iran, base their standards on the following norms regarding women’s rights in Muslim society.
  • Men are superior to women
  • Men are commanded to beat their disobedient wives
  • Men can have sexual relations with wives and concubines
  • Men can have sexual relations with wives and concubines
  • Legal testimony
  • Men are the managers of women
“The Islamic Penal Codes are based on violence in its most primitive forms. These not only authorize organized state violence, but encourage male violence against women within the family and in society.” [2]

As a conclusion, these actions are committed in and society that culturally thinks that it’s ok to do so. The problem is that not only the national law allows these kinds of actions against women, but   religion has also several parts were it indicates that the punishment to a disobedient woman is acceptable in a society. 

If y are interested in reading more, visit http://www.light-of-life.com/eng/reveal/ , it has an interesting view regarding women’s rights in Islamic cultures.
“Now that we have reached the end of the book we can say that women in Islam do not enjoy a status which the "European woman would like for herself."(1) Despite the fact that Muhammad introduced many reforms to the position of Arab women in the Arabian Peninsula and despite the fact that Islam does not deny at all that the female has a soul and a mind, she still remains half a human being in the Qur´an, the Hadith, the sources of jurisprudence, and even in the works of modern Muslims. The reason for her existence is to serve her husband and obey his commands unconditionally and unreservedly. She also has to bear him children and hide herself from the public, as though her very existence were a shame.”


[1] Ehow Website:  http://www.ehow.com/list_6875689_sharia-laws-women.ht ml#ixzz28pbB6C8W
[2] http://www.iran-bulletin.org/political_islam/punishmnt.html

4 comments:

  1. Hello everyone! Despite many successes in empowering women, numerous issues still exist in all areas of life, ranging from the cultural, political to the economic. For example, women often work more than men, yet are paid less; gender discrimination affects girls and women throughout their lifetime; and women and girls are often are the ones that suffer the most poverty. Many may think that women’s rights are only an issue in countries where religion is law, such as many Muslim countries. Or even worse, some may think this is no longer an issue at all. However, there are still different cases in which some women were sentenced for up to two and a half years in prison for defending the land rights in Cambodia. In some other countries women are regularly detained and abused for challenging state measures that violate peoples´ basic rights. I´m in pro of Human Rights Defence which aims to specifically address those areas and populations of the world where severe and extensive human rights violations of certain ethnic and religious minorities have taken place, and where structural help and global attention have proven to be absent or insufficient . I welcome the idea of having organizations that address substantive legal issues affecting the civil and human rights of women and work on providing a national forum for women's rights advocacy.
    Congratulations! I like the idea of promoting human rights through this blog.
    Monica Tamayo



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    Replies
    1. Is important to remember the human rights that have people . No matter the gender, skin color that have people to know that are human beings and that They have rights. I think this article is great scientific content,and that we rescue, this article is not only a letter but we take it into account in our life.

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  2. It is fundamental that should be respected in the world, because there are still, unfortunately countries in the world where the most basic rights of the people are not taken into account and respected by the governments of those countries and the international community my mind is doing little to pressure countries where these rights are not respected it by sen feasible measures be forced to respect a right that should be something universal and that met all countries of the world

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  3. nice work... keep up the good work!

    Josueth Silva

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